Ohio § 4123.82

§ 4123.82.

(A) All contracts and agreements are void which undertake to indemnify or insure an employer

against loss or liability for the payment of compensation to workers or their dependents

for death, injury, or occupational disease occasioned in the course of the workers'

employment, or which provide that the insurer shall pay the compensation, or which

indemnify the employer against damages when the injury, disease, or death arises from

the failure to comply with any lawful requirement for the protection of the lives,

health, and safety of employees, or when the same is occasioned by the willful act

of the employer or any of the employer's officers or agents, or by which it is agreed

that the insurer shall pay any such damages.  No license or authority to enter into any such agreements or issue any such policies

of insurance shall be granted or issued by any public authority in this state.  Any corporation organized or admitted under the laws of this state to transact liability

insurance as defined in section 3929.01 of the Revised Code may by amendment of its articles of incorporation or by original articles of incorporation,

provide therein for the authority and purpose to make insurance in states, territories,

districts, and counties, other than the state of Ohio, and in the state of Ohio in

respect of contracts permitted by division (B) of this section, indemnifying employers

against loss or liability for payment of compensation to workers and employees and

their dependents for death, injury, or occupational disease occasioned in the course

of the employment and to insure and indemnify employers against loss, expense, and

liability by risk of bodily injury or death by accident, disability, sickness, or

disease suffered by workers and employees for which the employer may be liable or

has assumed liability. (B) Notwithstanding division (A) of this section: (1) No contract because of that division is void which undertakes to indemnify a self-insuring

employer against all or part of such employer's loss in excess of at least fifty thousand

dollars from any one disaster or event arising out of the employer's liability under

this chapter, but no insurance corporation shall, directly or indirectly, represent

an employer in the settlement, adjudication, determination, allowance, or payment

of claims.  The superintendent of insurance shall enforce this prohibition by such disciplinary

orders directed against the offending insurance corporation as the superintendent

of insurance deems appropriate in the circumstances and the administrator of workers'

compensation shall enforce this prohibition by such disciplinary orders directed against

the offending employer as the administrator deems appropriate in the circumstances,

which orders may include revocation of the insurance corporation's right to enter

into indemnity contracts and revocation of the employer's status as a self-insuring

employer. (2) The administrator may enter into a contract of indemnity with any such employer upon

such terms, payment of such premium, and for such amount and form of indemnity as

the administrator determines and the bureau of workers' compensation board of directors

may procure reinsurance of the liability of the public and private funds under this

chapter, or any part of the liability in respect of either or both of the funds, upon

such terms and premiums or other payments from the fund or funds as the administrator

deems prudent in the maintenance of a solvent fund or funds from year to year.  When making the finding of fact which the administrator is required by section 4123.35 of the Revised Code to make with respect to the financial ability of an employer, no contract of indemnity,

or the ability of the employer to procure such a contract, shall be considered as

increasing the financial ability of the employer. (C) Nothing in this section shall be construed to prohibit the administrator or an other-states'

insurer from providing to employers in this state other-states' coverage or limited

other-states' coverage in accordance with section 4123.292 of the Revised Code . (D) Notwithstanding any other section of the Revised Code, but subject to division (A)

of this section, the superintendent of insurance shall have the sole authority to

regulate any insurance products, except for the bureau of workers' compensation and

those products offered by the bureau, that indemnify or insure employers against workers'

compensation losses in this state or that are sold to employers in this state.